Tort and Time Bars - Suing by Stop Watch
Mondaq Business Briefing › United Kingdom Law Articles in English (2002)
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Tort and Time Bars - Suing by Stop Watch
Even the laziest law student knows that the ingredients of a tort claim for professional negligence are duty, breach and damage. Time starts to run once all 3 elements are present. In Malik Khan -v- RM Falvey & Co, the Court of Appeal reminded the legal profession of these basic principles in a professional negligence claim where several debt recovery actions were struck out for want of prosecution.
Until Khan, the assumption was that time runs from the date the court strikes out the negligent litigation, and not before, if suing a solicitor who allows litigation to be struck out. Th...See the full content of this document
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